Maryland

Maryland Landlord Tenant Key Rules

Official Maryland Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	1x monthly rent. Certain circumstances allow 2x monthly rent, like if the tenant qualifies for utility assistance through the Dept of Human Services. Md. Code, Real. Prop. § 8-203(b)(1)(2)
Security Deposit Interest:	Due to the tenant within 45 days of termination of tenancy. Md. Code, Real. Prop. § 8-203(e)(1)
Separate Security Deposit Bank Account:	Yes Md. Code, Real. Prop. § 8-203(d)(1)(iii)
Non-refundable fees:	No statute
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	45 days Md. Code, Real. Prop. § 8-203(e)(1)
Permitted Uses of the Deposit:	Unpaid rent and damages caused by tenant or guests of tenant beyond normal wear and tear. Md. Code, Real. Prop. § 8-203(f)(1)(i)
Security Deposit can be Withheld:	Yes Md. Code, Real. Prop. § 8-203(f)(1)(i)
Require Written Description/Itemized List of Damages and Charges:	Yes Md. Code, Real. Prop. § 8-203(g)(1)
Receipt of Security Deposit:	Yes Md. Code, Real. Prop. § 8-203.1
Record Keeping of Deposit Withholdings:	Yes Md. Code, Real. Prop. § 8-203(g)(1)
Failure to Comply:	Failure to comply on the landlord’s behalf means they forfeit the right to withhold any portion of the security deposit. Md. Code, Real. Prop. § 8-203(g)(2)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	As stated in the lease agreement. Usually at the beginning of the month or week depending on the type of agreement.
Payment Methods:	No statute
Rent Increase Notice:	90-day notice for tenancies over 1 month. 60-day notice for tenancies over 1 week but less than 1 month. 7-day notice for tenancies of 1 week with written lease, and 21-day notice for tenancies of 1 week without a written lease. Md. Code, Real. Prop. § 8-209
Late Fees:	5% of rent maximum. If tenancy is weekly then $3/day maximum not to exceed $12/month. Md. Code, Real. Prop. § 8-208(d)(3)(i)(ii)
Application Fees:	$25 maximum Md. Code, Real. Prop. § 8-213(b)(1)(i)
Prepaid Rent:	No statute
Returned Check Fees:	No statute
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Yes Md. Code, Real. Prop. § 8-211(h)(1)(ii)
Tenant Allowed to Repair and Deduct Rent:	Yes Md. Code, Real. Prop. § 8-211(h)(1)(ii)
Self-Help Evictions:	No Md. Code, Real. Prop. § 7-113(b)(1)(i)(ii)(iii)
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Yes Md. Code, Real. Prop. § 8-207

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	60-day notice required Md. Code, Real. Prop. § 8-402(c)(2)(i)
Notice to Terminate a Periodic Lease – Week-to-week:	7-day notice with a written lease. 21-day notice if there no written lease. Md. Code, Real. Prop. § 8-402(c)(2)(iv)
Notice to Terminate a Periodic Lease – Month-to-Month:	60-day notice required Md. Code, Real. Prop. § 8-402(c)(2)(i)
Notice to Terminate Lease due to Sale of Property:	No statute
Notice of date/time of Move-Out Inspection:	Yes Md. Code, Real. Prop. § 8-203.1
Notice of Termination for Nonpayment:	10-day notice to remedy or quit Md. Code, Real. Prop. § 8-401(c)(1)
Notice for Lease Violation:	30-day notice for lease violation. 14-day notice if there is imminent threat on tenant’s behalf. Md. Code, Real. Prop. § 8-402(a)(1)(i)(2)(A)(B)
Required Notice before Entry:	No statute. Common practice is 24-hour notice minimum.
Entry Allowed with Notice for Maintenance and Repairs:	No statute. Common practice is 24-hour notice minimum.
Emergency Entry Allowed without Notice:	No statute. Usually no notice is required in the event of an emergency.
Entry Allowed During Tenant’s Extended Absence:	No statute. Usually no notice is required in the event of abandonement.
Entry Allowed with Notice for Showing the Property:	No statute. Common practice is 24-hour notice minimum.
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	No Md. Code, Real. Prop. § 8-216(b)(1)
Utility Shut-offs Allowed:	No Md. Code, Real. Prop. § 8-216(b)(1)
Electronic Notices Allowed:	Yes. If previously elected by the tenant Md. Code, Real. Prop. § 8-209(b)(2)(i)(2)

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the owner and anyone authorized to act on the owner’s behalf. (Md. Code, Real Prop. § 8-210)
• Copy of the Lease: Landlord must provide a written copy of the lease upon request. (Md. Code, Real Prop. § 8-208)
• Domestic Violence Situations: Victims may terminate their lease with proof of a protective order. (Md. Code, Real Prop. § 8-5A-02)

Duties

Landlord’s Duties

• Compliance: Must comply with all applicable housing codes and regulations. (Md. Code, Real Prop. § 8-211)
• Repairs: Maintain the premises in a fit and habitable condition. (Md. Code, Real Prop. § 8-211)
• Common Areas: Must keep common areas clean and safe. (Md. Code, Real Prop. § 8-211)
• Maintenance: Ensure electrical, plumbing, and other essential services are operational. (Md. Code, Real Prop. § 8-211)
• Garbage: Provide facilities for proper garbage disposal. (Common practice)

Tenant’s Duties

• Cleanliness: Maintain clean premises. (Customary under lease agreement)
• Trash: Dispose of waste properly. (Customary)
• Plumbing: Use plumbing fixtures properly and keep them clean. (Customary)
• Appliances: Use appliances reasonably. (Customary)
• Damage: Do not intentionally damage the property. (Md. Code, Real Prop. § 8-211)
• Quiet Enjoyment: Must not disturb other tenants. (Common law)
• Subleasing: Not allowed unless permitted in the lease. (Lease-specific)
• Retaliation: Retaliatory evictions are prohibited. (Md. Code, Real Prop. § 8-208.1)
• Lead Disclosure: Federal requirement for housing built before 1978.